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DD Breathalyser question

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Stalk
Brolly Dolly



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PostPosted: 17:04 - 27 Oct 2013    Post subject: DD Breathalyser question Reply with quote

Hi all,
Without wanting to get into a debate about Drink Driving Limits, I went to a birthday party last night and stayed overnight, awoke this morning still over the limit so had breakfast, good walk and drove home this afternoon. All good

Now, I had a thought. If I felt that I was over the limit, could I approach a policeman and request a voluntary breath test to ensure that I was under the limit before driving?

Can't really see this happening, but just wondered what the answer was.

Cheers All!
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Nope.
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PostPosted: 17:07 - 27 Oct 2013    Post subject: Reply with quote

It seems like it opens you up to a world of pain:

https://www.policespecials.com/forum/index.php?/topic/123337-voluntary-breath-test/
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smegballs
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PostPosted: 17:07 - 27 Oct 2013    Post subject: Reply with quote

I actually asked a copper this once. He said that personally he probably would, but they aren't legally obliged to and that he knew of cops that definitely wouldn't. Of course they would have no problems administering a test as soon as you get behind the wheel...
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J4mes
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PostPosted: 17:12 - 27 Oct 2013    Post subject: Reply with quote

computid wrote:


What a cunt that "random name" bloke is!
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janner_10
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PostPosted: 17:31 - 27 Oct 2013    Post subject: Reply with quote

J4mes wrote:
computid wrote:


What a cunt that "random name" bloke is!


Im guessing its a specials site - so even more jumped up and power trip hungry than the normal filth.

But yeah. Sounds like a proper cunt.
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Rogerborg
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PostPosted: 19:17 - 27 Oct 2013    Post subject: Reply with quote

If you're ever drunk enough to think that any good could possibly come from approaching some Blackshirt and volunteering the information that you're in charge of a motor vehicle and possibly over the limit, get a taxi.
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Vracktal
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PostPosted: 20:07 - 27 Oct 2013    Post subject: Reply with quote

I don't understand how that random~name bloke seems to think 'being in charge of a motor vehicle' can be extrapolated to 'maybe having the keys to a motor vehicle in your pocket.'

If I get blitzed in my house, am I in charge of three motor vehicles at once? After all, the keys are hanging up on the door right there.

Guy sounds like another special cuntstable case to me. What a nob.


Anyway personally, i'd never approach a copper and ask that. If I thought I had to ask, i'd just not ride at all.
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Kickstart
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PostPosted: 20:16 - 27 Oct 2013    Post subject: Reply with quote

Vracktal wrote:
I don't understand how that random~name bloke seems to think 'being in charge of a motor vehicle' can be extrapolated to 'maybe having the keys to a motor vehicle in your pocket.'


Think it is something that has resulted in prosecutions.

All the best

Keith
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Charlie
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PostPosted: 20:21 - 27 Oct 2013    Post subject: Reply with quote

My friend has asked before and they said no. You can buy cheap-ish kits online, they are normally sold for driving in France so the level indicators are different.
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swampy
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PostPosted: 20:22 - 27 Oct 2013    Post subject: Reply with quote

Kickstart wrote:
Vracktal wrote:
I don't understand how that random~name bloke seems to think 'being in charge of a motor vehicle' can be extrapolated to 'maybe having the keys to a motor vehicle in your pocket.'


Think it is something that has resulted in prosecutions.

All the best

Keith


Indeed it has. A friend of mine got 11 points (got away with a ban by the skin of his teeth due to needing car for work) for exactly this. He went to sleep on the back seat of his car, got bollocked for having the keys in his pocket...
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JP7
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PostPosted: 20:50 - 27 Oct 2013    Post subject: Re: DD Breathalyser question Reply with quote

Stalk wrote:
Hi all,
Without wanting to get into a debate about Drink Driving Limits, I went to a birthday party last night and stayed overnight, awoke this morning still over the limit so had breakfast, good walk and drove home this afternoon. All good

Now, I had a thought. If I felt that I was over the limit, could I approach a policeman and request a voluntary breath test to ensure that I was under the limit before driving?

Can't really see this happening, but just wondered what the answer was.

Cheers All!

Hats off to you firstly, you've actually thought about it and made sure you didn't drive until a reasonable length of time had passed. And in the scenario, you want to find a police officer just to double-check that you're ok.

Ignoring some of the comments in the Policespecials link (some of which aren't helpful), if you asked me that and I had my breath test kit with me, I'd probably let you have a go for the mere fact you're trying not to get in bother. I have done it in the past.

I believe the party line is that it should only be done by a legal requirement under the Road Traffic Act, but if you've asked for it then I personally wouldn't have a problem.

The issues are that alcohol comes out of your system at varying rates depending on what you've drunk, what you've eaten, etc etc. So taking a breath test 12 hours after 8 pints and being fine this time, isn't enough to assume you will still be next time. Or that you come in at 10 (against a limit of 35), assume you're fine, smash your car up and tell everyone that the nice policeman said you were ok to drive. Or if I let you do the test and you come in over, what would I do then? For these reasons a lot of cops won't want to do it.

Simple answer: you can ask. Depending on who you ask, they might say yes, they might say no. Clear as mud!
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Nope.
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PostPosted: 21:36 - 27 Oct 2013    Post subject: Reply with quote

Personally I wouldn't ask.

I keep some of those little disposable test kits in my car for this exact reason. I used one after the BCF BBQ last year to make sure I was ok to drive home.

I feel that I should be able to ask a copper, however that's obviously a dangerous game to play (as per the link above).
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G
The Voice of Reason



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PostPosted: 01:27 - 28 Oct 2013    Post subject: Re: DD Breathalyser question Reply with quote

JP7 wrote:

Simple answer: you can ask. Depending on who you ask, they might say yes, they might say no. Clear as mud!

Or, it would seem, they might say 'no', then force you to take a test anyway and bust you if you fail, when you were asking specifically so you would NOT drive if over the limit. Wink

Interesting to see that just, say, going to your car to get a hat when drunk is actually a very dangerous game to play!
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Polarbear
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PostPosted: 05:27 - 28 Oct 2013    Post subject: Reply with quote

I've often slept in a motor home after being on the piss in London, I wonder if I could be done in that scenario. Confused
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DrSnoosnoo
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PostPosted: 09:07 - 28 Oct 2013    Post subject: Reply with quote

The sister of the missus went out to her car for a cd. Lost her licence for 18 months
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daemonoid
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PostPosted: 09:55 - 28 Oct 2013    Post subject: Reply with quote

snoosnoo wrote:
The sister of the missus went out to her car for a cd. Lost her licence for 18 months


Needed a better lawyer there...
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Scythe
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PostPosted: 09:58 - 28 Oct 2013    Post subject: Reply with quote

snoosnoo wrote:
The sister of the missus went out to her car for a cd. Lost her licence for 18 months


If I drive to the pub / friends house / wherever before the night has started, I usually leave a jumper or coat in my car. Because of this, I always make sure that I enter the car via the passenger side when I'm grabbing my jumper / coat for the walk home.

A family friend got prosecuted and lost his job (he was a copper) for being found asleep in the back of his car whilst parked up (the car hadn't been driven).

I'm not sure if the same applies to the motorhome, as it does have dedicated spaces to sleep in? Not sure where the law stands on that one.
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Rogerborg
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PostPosted: 10:18 - 28 Oct 2013    Post subject: Reply with quote

I can't see why it would be any different. An Englishman's motor home is not his castle, at least as long as it's on a road or other public place.

Don't assume that having the car parked in a driveway is private property for the purposes of drunk in charge: a postie delivering a sack of kittens enjoys a right of access there unless you've specifically withdrawn it.
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sabian92
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PostPosted: 11:05 - 28 Oct 2013    Post subject: Reply with quote

So if you're shitfaced, on the rear seat, you're still technically able to be done for drink driving?

What a load of shite that is. Surely if you're in the back you're saying "I know i'm pissed but I'm just going to sleep it off"?

What if you're drunk in a motorhome or caravan?

Unless your car looks like this....

https://www.youtube.com/watch?v=Phm6fREnK-A
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G
The Voice of Reason



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PostPosted: 11:18 - 28 Oct 2013    Post subject: Reply with quote

Rogerborg wrote:
An Englishman's motor home is not his castle.

Tut Tut

But yes, you can get done.
Most definitely you need to at least 'hide' the keys I'm told.
Ideally under outside the vehicle somewhere.

I can understand when it's a car and they think that maybe the driver has driven to that point; but overall even then it does seem like they're actually encouraging people to drink-drive, as those that try to avoid it are often persecuted.
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daemonoid
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PostPosted: 11:28 - 28 Oct 2013    Post subject: Reply with quote

sabian92 wrote:
So if you're shitfaced, on the rear seat, you're still technically able to be done for drink driving?

What a load of shite that is. Surely if you're in the back you're saying "I know i'm pissed but I'm just going to sleep it off"?

What if you're drunk in a motorhome or caravan?

Unless your car looks like this....

https://www.youtube.com/watch?v=Phm6fREnK-A


It's an awkward one. The burden of proof is not on the police for this one - they just need to show that you were in/around the vehicle with the potential to drive. It's up to you to prove that you weren't intending to drive - in the earlier case of getting a CD, a valid way of showing you weren't intending to drive is not taking your coat, entering the passenger side and having witnesses who say you've got a place to stay and were just popping out for a CD. I'm guessing the lawyer was out of their depth but any decent lawyer should've been able to get them off that one...
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JP7
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PostPosted: 11:44 - 28 Oct 2013    Post subject: Reply with quote

Here's the boring legislation bit that covers Drunk in Charge:

Quote:
Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.E+W+S+N.I.(1)If a person—
(a)drives or attempts to drive a motor vehicle on a road or other public place, or
(b)is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.
(2)It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(3)The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.


Point 2 above is the key, it is up to you to prove that there was no likelihood of driving the vehicle. Sleeping in the back with keys in your pocket still makes you in charge of it, and you could easily drive it if you so wished.

What "no likelihood" means is open to interpretation. It could be getting the car blocked in so you can't drive it away, or putting the keys out of reach.
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andym
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PostPosted: 11:49 - 28 Oct 2013    Post subject: Reply with quote

Also the police need a reason to actually stop you:

Quote:
Police Powers

For the police to be able to require a breath test, a driver must have either:

(a) committed a moving traffic offence, e.g. speeding, failing to observe a stop sign, having a defective light etc.,
(b) have been involved in an accident to which the police were called, or
(c) have given the police grounds to suspect they had consumed alcohol above the legal limit, e.g. by draving erratically or walking unsteadily before getting into the car. It is questionable whether the mere fact of having driven out of a pub car park constitutes reasonable grounds for suspicion
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Walter Sobchak
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PostPosted: 11:56 - 28 Oct 2013    Post subject: Reply with quote

Probably depends on the copper and scenario, but I've had it done before. Brother ended up in hospital, when the coppers came round to see me I told them is been drinking and would they test me before driving to the hospital as I did.t want them pulling me over 5 mins later, they actually called out another unit to bring one round! Had had 3 cans and a few shots of bourbon over about 2hrs, sat on the kitchen top, blew a 0.04, they couldn't believe it and let me on my way.
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stinkwheel
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PostPosted: 12:50 - 28 Oct 2013    Post subject: Reply with quote

It's why I'm always very careful to not have my keys on my person when I go roadside camping on the bike.

If asked (and I have been a couple of times) I claim to have dropped them in the river. This is a lie but it is the generally accepted lie when quizzed about the location of your vehicle keys by a copper while drunk. If it's a copper who plays the game, he will recognise this for what it is and leave it alone.
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